You have the right to switch lawyers even when your case is under a contingency agreement—but doing so has implications. Understanding what may happen and how to handle the change can help protect your case and avoid surprises.
What Is a Contingency Case
In a contingency case the attorney agrees to be paid only if you win or settle. Their fee comes as a percentage of the outcome rather than being billed by the hour. If you lose the case no fee is owed in that sense.
What You Should Do If You Want to Fire Your Attorney
- Review your fee agreement to see what the contract says about what happens if you terminate the attorney-client relationship early.
- Try talking with your attorney to express concerns. Sometimes communication issues can be resolved without firing them.
- If you still decide to move on send written notice. Your letter should say you are terminating their services request your case file and ask for accounting of their work and costs so far.
What Happens to the Attorney’s Fee
Even after terminating the relationship your former attorney may still be entitled to payment for work already done. Two common doctrines come into play:
- Quantum meruit means paying a fair amount for the legal work rendered up to the point of termination.
- There may be a lien on any future settlement or judgment so that your former attorney can receive what they are owed from the recovery.
Hiring a New Attorney
When selecting a new lawyer after firing the first one:
- Be open about what has happened previously with your case.
- Provide your new attorney all documents, correspondence, medical records, reports, or anything from the prior representation.
- Make sure you ask how they plan to deal with any liens or legal arrangements from your previous attorney.
Risks of Changing Attorneys
- Your case may be delayed as the new attorney gets up to speed.
- Resolving any fee disputes or liens might incur additional costs or require court intervention.
- If there is disagreement over what work was done it could complicate settlement or judgment distribution.
Signs It’s Time to Consider a New Lawyer
You might decide to change attorneys if:
- Your current lawyer is hard to reach or fails to keep you informed.
- You feel your case is not being handled competently or that quality of representation is poor.
- There is a conflict of interest or trust issues.
- Your attorney is unprepared or not pursuing your case vigorously.
How Hillstone Law Can Help
If you are unhappy with your current representation Hillstone Law can assist by:
- Reviewing your existing agreement to understand what obligations and rights remain
- Helping with the formal process to switch attorneys and ensuring your case file is transferred properly
- Protecting your interests so that past work is documented and you are not unfairly charged
- Moving the case forward so delays are minimized and your rights are safeguarded
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